Foreign nationals being sponsored for Canadian permanent residence by their spouse or common-law partner may be eligible to apply for an open work permit. In order to apply for an open work permit, the foreign national must be applying for spousal sponsorship from inside of Canada through the inland spousal sponsorship process. As well, applicants should ensure that they meet the full eligibility criteria required for the program.

Eligibility Criteria

Foreign national must have applied for permanent residency sponsorship from within Canada through the inland stream of the spousal sponsorship program, in order to be eligible to apply for a spousal sponsorship open work permit.

• If you have not submitted your sponsorship application: The sponsorship, permanent residence, and open work permit applications may all be submitted together in a single envelope in hard copy. Ensure that all supporting documentation and required proof of payments for all applications are included. The applications should be submitted to the Case Processing Centre in Mississauga (CPC-M), Ontario.
• If your permanent residence application is submitted but has not yet received approval in principle: The open work permit application may be submitted in hard copy to the Case Processing Centre in Vegreville (CPC-V), Alberta.
• If your permanent residence application has been approved in principle: The open work permit application may be submitted online or in hard copy to the Case Processing Centre in Vegreville (CPC-V), Alberta.

Spouse or common-law partner of a foreign student cannot themselves be full-time students and must demonstrate that:

• the foreign student is studying full-time at a diploma/degree-granting, publicly-funded post-secondary educational facility; or
• the foreign student has graduated and is the holder of a valid work permit for a job related to his or her studies.

For spouses and common-law partners, open work permits are generally issued with a validity date that coincides with the period of time that their spouse is permitted to work or study in Canada, as the case may be.

• the principal temporary foreign worker is permitted to work in Canada for a period of at least six months.

The Bridging Open Work Permit (BOWP) allows foreign nationals who are currently working in Canada to extend their work permit while they await a decision on their permanent residency application. The work permit is only available to those who have already submitted a permanent residency application and are already in possession of a valid work permit. A successful application results in an open work permit, enabling the holder to work for multiple employers in multiple locations, of their own choosing.

Eligibility Requirements

In order to apply for a Bridging Open Work Permit (BOWP) a foreign national must first meet the following conditions:

• Have submitted an application for permanent residence
• Current work permit expires in four months or less
• Have valid status on a current work permit
• Currently residing in Canada

As well, not all permanent residence programs are eligible for the BOWP. The BOWP is only available to applicants to the following permanent residence programs:

• Federal Skilled Worker Program (FSW)
• Canadian Experience Class (CEC)
• Federal Skilled Trades Program (FST)
• Provincial Nominee Programs (PNP)
• Caring for Children Class
• Caring for People with High Medical Needs Class

IEC is a program designed to allow youth get a work permit in Canada for temporary periods.

Citizens of countries with a bilateral youth mobility arrangement with Canada who are between the ages of 18 and 35 may be eligible for IEC work permits. The work permits issued under this program are exempt from labor market impact assessment and fall into one of three categories:

• Working Holiday
• Young Professionals
• International Co-op

Working Holiday

Applicants receive an open work permit in Canada, valid for one to two years. Open work permits allow participants to work anywhere in Canada for almost any Canadian employer. Nationals of some countries may be allowed to stay in Canada for more or less than one year.

This category is for individuals who:

• do not have a job offer;
• want to work for more than one employer in Canada;
• want to work in more than one location; and/or
• want to earn more so they can travel.

Young Professionals

Under this program, citizens of participating countries can gain valuable international experience by working for a Canadian company. Applicants to this category receive an employer-specific work permit if approved.

This category is for individuals who:

• have a valid job offer in Canada for a paid position that contributes to their professional development; and
• plan on working for the same employer during their stay in Canada.

A job offer or contract of employment with a Canadian employer related to the applicant’s professional development is required before applying. The job offered must be classified as a National Occupation Code (NOC) Skill Type Level 0, A, or B.

International Co-op Internship

This program allows citizens of participating countries who are enrolled at a post-secondary institution in their country of citizenship to spend a period of time interning for Canadian companies. Applicants to this category would get an employer-specific work permit.

This category is for individuals who:

• are registered at a post-secondary institution outside of Canada;
• have a job offer for a work placement or internship in Canada that is required to complete their studies;
• plan on working for the same employer during their stay in Canada.

Participants must arrange co-op placements with Canadian employers before applying.

Eligibility requirements for the IEC

• be a citizen (passport holder) of one of the 35 COUNTRIES or be a resident of one of the territories that have a bilateral Youth Mobility Arrangement with Canada;
• have a valid passport for the duration of their stay in Canada (the work permit issued will not be longer than the validity of the passport),
• be between the ages of 18 and 30 or 35 at the time of application (the upper age limit depends on the applicant’s country of citizenship);
• have the equivalent of $2,500 CAN upon landing to help cover initial expenses;
• be able to take out health insurance for the duration of their stay (participants may have to present evidence of this insurance at the point of entry in Canada);
• be admissible to Canada;
• have, prior to departure, a round-trip ticket or the financial resources to purchase a departure ticket for the end of their authorized stay in Canada,
• not be accompanied by dependents; and
• pay the appropriate fees.

Please note that specific age and eligibility requirements may vary by country.

Most of the International Students are willing to stay in Canada. They wish to obtain experience in the local job market after graduating from the Post-Secondary education. As soon as International Students complete studying in an eligible Program at an eligible Canadian-Post secondary Institution, they have a right to apply and obtain a Post-Graduate Work Permit. This right allows International Graduates to obtain a three-year open work permit, giving them an opportunity to work for any employer in Canada. One of the most important factors is that there is no requirement for holding a job offer from a Canadian employer upon submission of the application for the Permit.

Eligibility Criteria

International students having an intention to obtain a Post-Graduate Work Permit must:

• Have continuously studied full-time for a minimum period of eight months and must have graduated from one of the following institutions:

1. 1. A private post-secondary institution, operating under the same rules as public institutions
   2. Public post-secondary institutions ( University/College/Trade or Technical School )
   3. Private Secondary or Post-Secondary school ( in Quebec ) that offers qualifying programs of 900 hours or longer, leading t\o a diplome d’etudes professionnelles (DEP) or an attestation de specialization professionnelle (ASP)
   4. Canadian private school that can legally award degrees under provincial law, but only if enrolled in a study program leading to a degree as authorized by the province

• Be 18 years or older upon applying
• Apply for the Permit within 90 days of, when it has been confirmed that a student completed the program
• Have a valid study permit upon applying

You may not be eligible in the following cases:

• If you have studied less than 8 months
• If you studied more than eight months but not continuously
• If you took part in a Canadian Commonwealth Scholarship Program funded by Global Affairs Canada
• If you took part in a Government of Canada Awards Program funded by Global Affairs Canada
• If you had a funding from Global Affairs Canada
• If you took part in the Equal Opportunity Scholarship, Canada-Chile
• If you took part in the Canada-China Scholars Exchange Programs
• If you took part in the Organization of American States Fellowship Program
• If you have completed a study program by distance learning either from abroad or from within Canada
• If you already hold a Post-Graduate Work Permit following any other program of study

The length of Post-Graduate Work Permit depends on the length of the study program.

If your program was:

• Less than eight months, you are NOT eligible for a Post-Graduate Work Permit
• More than eight months, but less than two years, your Post-Graduate Work Permit will be valid for the same length as your study
• Two years or more, the Permit may be issued for three years

It is common knowledge that tourists or foreign nationals in Canada cannot work without a work permit. And the consequences of working without one can be extremely costly for both the erring worker and his employer. In addition, this can range from deportation from Canada to being denied the opportunity to apply for work permits. It can last over a period of 6 months and cause prohibition from returning to Canada.

This also includes possible fines and imprisonment for a minimum of 2 years for employers who are caught in the act of employing unauthorized workers. It is true that the practice of employing foreign nationals to work in restaurants or in construction occurs. However, the risks are not worth taking.

Who Can Work Without a Work Permit?

On the other hand, there are exceptions to the rule – and we will go over all of them briefly.

• Athletes or coaches
• Foreign athletes, coaches, or staff of a foreign team competing in Canada do not require work permits.
• Aviation accident or incident investigators
• Accredit agents or employees working on aviation accidents or investigations do not require a work permit.
• Business visitors
• Business visitors who are in Canada to perform business-related activities without being part of the local job market do not require a work permit.
• Civil aviation inspectors
• Civil aviation inspectors monitoring flight operations or aircraft safety during international flights for commercial airlines do not require a work permit.
• Clergy
• Ordained ministers or laypersons of a particular religious order whose responsibilities include preaching, worship, or counseling do not require a work permit.
• Convention organizers
• International meeting or convention organizers do not require a work permit; however, organizers who work onsite or provide any sort of hands-on services during events must have work permits.
• Crew members
• Truck and bus drivers or shipping and airline workers do not require work permits for as long as they work on foreign-owned vehicles used to transport passengers and cargo internationally. The same is true for crew members who operate vehicles or serving passengers.
• Emergency service providers
• Emergency responders to threats such as natural disasters or industrial incidents do not require a work permit.
• Examiners and evaluators
• Academics or professors examining or heading academic projects, research, or theses for Canadian research organizations or schools do not require a work permit.
• Expert witnesses or investigators
• Individuals providing evidence to regulatory bodies, international tribunals, or courts of law do not require work permits.
• A family member of foreign representatives
• Spouses or children of foreign representatives do not require work permits. The same is true for family members with accreditation or a letter of no objection from Global Affairs Canada.
• Foreign government officer or representatives
• Employees of foreign governments working under exchange agreements between Canada and their country as well as diplomats of foreign countries or the UN do not require work permits.
• Healthcare students
• Healthcare students doing clerkships, training, or those having written approval to do so in certain provinces (as well as those training for less than 4 months) do not require work permits. It must be noted that some provinces do not need written approval.
• Judges, referees or similar officials
• Officials in international competitions or for cultural events including music, dance, animal shows, or contests do not require work permits.
• Military personnel
• Members of another country’s armed forces with orders to enter Canada under the Visiting Forces Act do not require a work permit.
• News reporters or film and media crew
• News reporters and their crew, or film and media crewmen who do not intend to enter the local job market, as well as journalists from foreign companies do not require work permits. The same is true for resident correspondents or management and rank and file staff who do not intend to stay for over 6 months.
• Producers or staff members working on advertisements
• Commercial/advertising shoots that are financed abroad employing producers, actors, directors, technicians, and staff do not need a work permit for up to 2 weeks.
• Performing artists
• Foreign artists and their support staff performing for a short period of time and not employed by the Canadian group contracting them (and those not involved in shooting film, television, or radio) do not require a work permit.
• Public speakers
• Public speakers performing at certain events do not require work permits for as long as the event is no longer than 5 days.
• Short-term highly-skilled workers
• Highly-skilled workers under the managerial and professional NOC skill types working for a maximum of 15 consecutive days every 6 months or a maximum of 30 consecutive days once a year do not require a work permit. However, temporary resident visas or electronic travel authorizations may be required.
• Short-term researchers
• Researchers working for public degree-granting institutions or affiliates thereof working for less than 120 days; and who have not worked under this exemption in the past 12 months do not require work permits. However, temporary resident visas or electronic travel authorizations may be required.
• Students working off-campus
• International full-time students may work off-campus without a work permit. They can work at a maximum of 20 hours per week during the academic year, and full-time during winter, spring or summer holidays do not require a work permit provided they have valid study permits, are full-time students, enrolled at a post-secondary designated learning institution, or otherwise studying in a program that leads to a degree, diploma, or certification of at least 6 months. A secondary level vocational program in Quebec which enrolls international students also does not require a work permit.
• Students working on-campus
• International full-time students working onsite in campus of the academic institutions do not require a work permit.

Canadapt can provide tailored, bespoke immigration advice for you. This also includes if you have any further questions as regards your employability as a foreigner, whether you need a work permit or otherwise.